Court-appointed psychologist testifies that Orban was not insane

A court-appointed clinical and forensic psychologist testified today that former Westminster detective Anthony Orban, who was recently found guilty in the 2010 kidnapping and rape of a waitress, was not legally insane at the time of the attack, pursuant to the California Penal Code.

Dr. Craig Rath revealed his findings during his testimony in the sanity phase of Orban's trial in West Valley Superior Court, in Rancho Cucamonga.

Last week, a jury found Orban guilty of eight felony counts in connection with the April 2010 attack. However, Orban had pleaded not guilty to the charges by reason of insanity. Now, the same jury is now hearing testimony in the next phase of the trial to determine if Orban was legally insane at the time.

Rath, a prosecution witness, said he evaluated Orban to determine if he qualified for Penal Code Section 1026, the section for insanity, and questioned him about his alcohol consumption on the day he kidnapped a waitress at Ontario Mills mall at gunpoint and raped her in Fontana.

Prosecutor Debbie Ploghaus questioned Rath about how alcohol affects someone on the prescription drug Zoloft, and the witness responded that pharmaceutical companies say a patient should not combine alcohol and Zoloft. Rath said some claim the drug can double the affect of alcohol.

Rath continued that, for example, a person on Zoloft who ingested three drinks would be functioning as if they had six to eight drinks.

The psychologist said he talked to Orban, during the evaluation, about his alcohol intoxication on the day of the attack because he had heard that Orban drank three margaritas and an unknown amount of beer in combination with zoloft. "That would cause a lot of symptoms that were seen (during on the attack)," Rath said. After his evaluation, the doctor determined Orban was not insane pursuant to Penal Code Section 1026, that he understood the nature and qualities of his actions, and could distinguish from right and wrong.

"You don't fade in and out of insanity, you have a settled-in behavior," Rath testified.

On cross examination, defense lawyer James Blatt asked the doctor about the effects of Zoloft alone, and Rath responded that Zoloft can cause delirium, a high level of agitation and mania. Blatt's questions to the doctor appeared to focus on the delirium, which can make a person insane.

"Delirium can keep you from understanding the morality, nature and qualities of your actions?" Blatt asked.